Before Messrs Wilson and Wyndeyer - Benjamin Warby, was
put to the bar charged with having in his possession two head of Cattle the
property of Messrs O'Briens, at Yass Plains; the
investigation was protracted to a considerable length, caused chiefly through
the irregular mode in which it was conducted.

The facts themselves, (at least so far as the public was concerned) were simple and maybe
briefly stated.

Prisoner had a brother named William
Warby, who was tried during the present Criminal Sittings of the Supreme
Court (particulars of which appeared in our last), for a system of Cattle
stealing, which had been done in such a mode as to enable him to prevent
detection until within a very recent period, when certain disclosures were
made by parties who had been concerned with him in his nefarious practices
which had led to his apprehension, and ultimate conviction.

It would appear that when William
Warby felt his situation getting rather 'warm', and expected in consequence
every moment that the police would pounce upon him, he disposed of the whole
of his stock, crop, &c., to the prisoner.

There would appear to have been
upwards of fifteen hundred and fifty head of cattle, included in the
purchase, which was effected by the prisoner Benjamin Warby for the value of
£?,500 he having a proviso inserted in the deed of
sale, that if any of the said cattle should he subsequently claimed by other
parties as having been stolen from them the prisoner was to have an allowance
made by his brother William to such value as they might amount to.

A certain number of head of the Cattle
in question had afterwards been sent down by Benjamin Warby as the present
proprietor of the above mentioned stock, and were lodged in a paddock
adjoining to Grose's Farm.

Amongst the herd there grazing, two
head of Cattle were found, which were distinctly sworn to, as having (when
calves the property of Messrs O'Briens, although
they were now three years of age.

The Bench came to the conclusion that
the prisoner must be fully committed to take his trial for the fraudulent
possession but they agreed to take bail, prisoner in £200 and two sureties in
the sum of £100 each.